Terms & Conditions

TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

1. SCOPE OF APPLICATION
2. SPECIFICATION FOR TENDERS
3. ORDERING PROCEDURE AND COMPLETION OF CONTRACT
4. PRICES AND SHIPPING COSTS
5. DELIVERY AND STOCK
6. PAYMENT
7. RESERVATION OF PROPRIETARY RIGHTS
8. DEFECTS IN QUALITY AND GUARANTEE
9. LIABILITY
10. RETENTION OF CONTRACT
11. DATA PROTECTION
12. LAW, JURISDICTION AND LANGUAGE

 

1. SCOPE OF APPLICATION
1.1. For the business relations between Daniela Maria Hirsch, Blücherstraße 42, 10961 Berlin (subsequently „vendor“) and the customer (subsequently „customer“) the following terms and conditions of trade apply in the version effective at the time the order is placed.
1.2. For questions or complaints you can contact us on workdays from 12:00 pm until 6:00 pm through telephone number 0049-1523-8247510 as well as through email adress office@daffke.net
1.3. Consumer in the purpose of these terms and conditions is every natural person contracting on a non-commercial basis.
1.4. Divergent conditions from the customer are not acknowledged unless they are explicitly confirmed by the vendor.

2. SPECIFICATIONS FOR TENDERS
2.1. Displaying the products in the online-store is not a legally binding offer but a bidding to place an order. Specifications for tenders in catalogues or on the vendor´s website are not in any way assurances or guarantees.
2.2. All tender deems as long as stock lasts if no other specifications are stated with the product. Errors remain excepted.

3. ORDERING PROCEDURE & COMPLETION OF CONTRACT
3.1. The customer can make a non-binding choice from the vendor´s range and collect this selection via the “Yes, it´s the one!”-button in a so-called basket. Following this the customer can place an order within the basket via the button “Proceed to checkout”.
3.2. Via the button “Buy now” the customer awards a legally binding contract to the vendor to buy the goods included in the basket at that point. Before awarding the order the customer can access and change all entered data. Necessairy information is indicated with a star (*).
3.3. Receiving the order, the vendor sends an automatic order-confirmation via email, in which order-details are listed. The customer can print this order-confirmation with the print-feature of the respective mail-program. The automatic order-receipt only documents the entry of the order on the vendor´s side, it does not represent the acceptance of the order. The sales-contract comes into existence by the vendor´s action of shipping or referring the ordered product to the customer within 2 days or by order-confirmation through explicit affirmation or invoicing via a second email within 2 days.
3.4.In case the vendor offers payment in advance the contract comes into existance through supplying bank-details and request for payment. If payment is due but has not been received by the vendor until 10 days after order-confirmation even after sending a payment-reminder, the vendor withdraws from the contract. Thus the order becomes redundant and the vendor has not durty to deliver. In this case the order is undone without further effects for vendor or customer. Therefore a reservation of the ordered product under the conditions of advance-payment takes place for a maximum of 10 calender days.

4. PRICES & SHIPPING COSTS
4.1. All prices shown on the vendor´s website include value added tax (VAT) which is currently effective by law.
4.2. All prices shown include delivery charges. For the special order of a gift-service the vendor charges an extra fee. Details regarding the gift-service are displayed on a separate page, the use of this extra service will be communicated clearly within the ordering process.

5. DELIVERY & STOCK
5.1. With the agreement on payment in advance, delivery is due after the invoiced amount has been received.
5.2. In case not all ordered products are at hand, the vendor can make a partial shipment if this is reasonable for the customer.
5.3. After three attempts to deliver the product due to a failure of the customer, the vendor can withdraw from the contract. In this case made payments will be promptly returned.
5.4. In case the ordered product is not available, the vendor will inform the customer immediately and propose the delivery of a similar product. If no equivalent item is available or the customer does not wish an equivalent product, the vendor will return any placed payments immediately.
5.5. Customers are informed about delivery-times and special conditions of delivery ( e.g. special conditions for country of delivery) either on a separate page or within the product description.

6. PAYMENT
6.1. During and within the checkout-process the customer can choose a method of payment from the offered ways to pay. Customers are informed about the means of payment through a separate information-page.
6.2. All means of payment require paying in advance and without discount.
6.3. By assigning a third party to execute the payment process (e.g. Paypal), the respective terms and conditions apply.
6.4. If payment is defined du to calendar, the customer is behind schedule though missing out on the assigned date.In this case the customer is subject to the legally bound interests for late payment.
6.5. The customers obligation to pay interests on late payment does not exclude any further possible claims by the vendor for loss through the delay.
6.6. The customer only has a right for compensation if her/his counter-claims have been validated legally or from the vendor directly. The customer can only make use of the right of retention for claims resulting from each contract specifically.

7. RESERVATION OF PROPRIETARY RIGHTS
Until payment is completed all delivered goods remain in the vendor´s property.

8. DEFECTS IN QUALITY & GUARANTEE
8.1. Warranty is specified by legally binding regulations.
8.2. Guarantees regarding the delivered goods exist only if stated expilcitly.  Customers are informed about conditions of guarantees before entering the process of purchase.

9. LIABILITY
9.1. Besides all legal regulations regarding liability claims the following non-liabilities and disclaimer do apply.
9.2. The vendor is absolutely liable if damage is caused by deliberate intent or gross negligence.
9.3. Furthermore the vendor is liable for neglecting essential duties, through which the fulfilment of the contract is at risk or through which the proper impementation of the contract is made possible and on which the customer regularly put credence upon. In this case however the vendor is liable only for the foreseeable damage as deducible from the contract. The vendor is not liable for negligent conduct other than the duties listed.
9.4. The listed limitation of liability is not effective in case of injury on life, body and health, in case of defect after specificially stated guarantees regarding the nature of a product and in case of guileful disclosure of defects. Product liability as stated by law remains without prejudice.
9.5. Limited or excluded liability by the vendor extends to the personal liability of employees, representatives and vicarious agents.

10. RETENTION OF CONTRACT
10.1. The customer can print the content of the contract before placing the order through clickking on and thus loading the terms and conditions in the last step of the ordering process and using the print feature of the browser.
10.2. The vendor additionally sends an order-confirmation to the customer which includes all details regarding the order to the email adress stated by the customer. With the order-confirmation the customer receives a copy of the terms and conditions together with information on cancellation-rights and details on payment and delivery. Furthermore we make a copy of the contract, but do not make it accessible via internet.

11. DATA PROTECTION
11.1. The vendor uses personal data of the customer appropiately and according to legal regulations.
11.2. Personal data given for the purpose of ordering goods (e.g. name, mailcontact, adress, details of payment) will be used by the vendor to fulfill and process the contract. All data will be used confidentially and not be passed on to third parties who are not participating in the ordering-, delivery- or payment-process.
11.3. The customer has the right to receive information upon request and without charge about the personal data which the vendor has saved. Additionally the customer has the right to change incorrect data, to withdraw and delete personal data as long no legal obligation to preserve data objects to this.
11.4. Further information regarding nature, extend, place and purpose of survey, about the processing and use of personal data through the vendor can be found in the data privacy statement.

12. LAW, JURISDICTION & LANGUAGE
12.1. Court of jurisdiction and place of performance is the vendor´s domicile if the customer is a merchant, a legal entity of public law or a fund asset under public-law.
12.2. This contract is applicable under german law with exception of regulations in international private law and UN-purchasing-law.
12.3. Language of contract is german.

Updated on 22nd October 2014